Bhavesh Sarkar@Bhabesh Chandra Sarkar And ANR v. State Of West Bengal

26.11.2021 Sl No.142 Ct. No.29 s.biswas CRM 4216 of 2021 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 142/2021 dated 28.03.2021 under Sections B498A/302/304B/34 of the Indian Penal Code and Section 3/4 of the DP Act.

And In Re: Bhabesh Sarkar @ Bhabesh Chandra Sarkar and another ... ... Petitioners Mr. Koustav Bagchi, Mr. Debayan Ghosh ... for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ... ... for the State The petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that the husband is in detention presently and the petitioners were falsely implicated.

Learned advocate for the State draws the attention of the Court that statement recorded under Section 164 of the Cr.P.C. Considering the facts and circumstances of the present case and considering the materials in the case diary and gravity of the offence and complicity of the petitioners therein and considering the fact that the husband is still in custody considering the fact that the police has submitted charge sheet, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each, with two sureties of like amount each one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that they shall appear before the jurisdictional Court on the dates fixed for trial and pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM 4216 of 2021 is thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)